The Innocent Woman

“I know.”

“So why is questioning the answering machine evidence any different?”

“Because it’s stupid,” Tracy said.

“Oh?”

“Arguing that the light could have stopped blinking because the machine was turned off and on again. Even if that’s true, you think there’s one juror in the courtroom will actually believe it did?”

“They don’t have to believe it did. They just have to believe it could. Reasonable doubt, that’s what we’re establishing here.”

“I’m glad you think so,” Tracy said. “For my money, you’re beating a dead horse.”

“Thanks for your support. But I happen to be up against it in this case, and the fact is I’m going to take this answering machine stuff and run with it as far as it will go.”

The phone rang. Steve scooped it up.

“Steve, Mark.”

“What you got Mark?”

“Bad news. The light stays on.”

“What?”

“The blinking light. You switch the machine off, the light goes off. You turn it back on, it comes on blinking.”

“Shit.”

“Same thing if it’s unplugged. You plug it back in, it starts blinking again.”

“Are you sure?”

“Yeah. I got the same make, same model, just like you said. And it’s a total washout. The light blinks. I’m sorry, but there you are.” Taylor exhaled. “Best I can tell, it would take a sledge hammer to make the damn thing stop.”

40

Officer Hanson was practically beaming. As he took his place on the witness stand, it was clear to the jury that he could hardly wait to give his testimony.

“Officer Hanson,” Judge Wylie said. “We adjourned court yesterday so that you could conduct certain tests. Might I ask if those tests have been completed?”

“They have, Your Honor.”

“Very well. I remind you that you are still under oath. Proceed, Mr. Winslow.”

“Thank you, Your Honor. Officer Hanson, you say that you have conducted the tests I requested?”

“Yes, I have,” Hanson said. He reached into a paper bag that he had brought with him and pulled out an answering machine. “In addition to conducting the tests, I have brought the answering machine itself into court and I am prepared to demonstrate my findings.”

At the prosecution table, Dirkson was grinning from ear to ear. The answering machine evidence had put Steve Winslow in an impossible position. He had to either reject the offer of a demonstration of the evidence he himself had asked for, or go ahead and put on the evidence that contradicted his own theory.

“Well, that’s mighty considerate, Officer Hanson,” Steve Winslow said. “When you refer to this as the answering machine, do you mean this is Amy Dearborn’s answering machine?”

“That’s right.”

“This is the one taken from her apartment?”

“Yes, it is.”

“You identify it as such?”

“Yes, I do.”

“Then I suggest we mark it for identification as Defense Exhibit A.”

“That’s a prosecution exhibit,” Dirkson said.

“Well, you didn’t choose to introduce it,” Steve said. “I am, so let’s mark it for the defense.”

“Mark it any way you like,” Dirkson said. “I think you’ll find it’s not for the defense.”

“That will do,” Judge Wylie said, banging the gavel. “This sparring, while still good natured, is wholly inappropriate. Mark it and proceed.”

When the answering machine had been marked, Steve Winslow said. “Now, Officer Hanson, you say you are prepared to demonstrate your findings?”

“Yes, I am.”

“You have a power source for the machine?”

“I believe the prosecution has run a line.”

“We have, Your Honor,” Dirkson said. “If it please the court, we have run an extension cord to right in front of the jury box. And we have a stool to place the answering machine on so the jurors can see it.”

“Very well,” Judge Wylie said. “Officer Hanson, if you would care to set this up.”

“Yes, Your Honor,” Hanson said. He took the answering machine, placed it on the stool and plugged it in.

“All right, officer,” Steve Winslow said. “If you’d just like to describe what you’re doing.”

“Yes, of course,” Hanson said. “As you can see, I’ve plugged the machine in. Notice the light on the machine. It is now off. See this button? This is the on/off switch. I press it on-note the red light is now on.”

“Indicating what?” Steve said.

“That the machine is turned on ready to take messages. The fact that the light is not blinking indicates that there are no new messages since the machine was turned on.”

“I see.”

“Now then,” Officer Hanson said. “Watch what happens when I push the button marked save.” He did so. The light on the machine began blinking. “You’ll notice that the light is now blinking. That’s because there was one message on this tape at the last time the messages were set. Now then, look what happens when I press the button marked play.”

He did so. The blinking light stopped blinking. The tape whirred. Then Officer Hanson’s voice came through the speaker, saying, “Testing. Testing. This is Officer Hanson, conducting a test of the answering machine to see what happens with the blinking light.”

Then there was a beep and the answering machine clicked off.

“You will notice,” Officer Hanson said, “that the light that was blinking is now steady. That’s because we listened to the message. That’s how the light goes from blinking to steady-when the messages are played back.”

“And what about the other methods I suggested?” Steve Winslow said.

“Let me show you,” Officer Hanson said. “First off, let’s get the light blinking again.” He pressed a button on the machine. “I’ve pressed the button marked save. That saves the message you just heard. It’s now blinking, indicating that that message is on the machine.”

He held up a finger. “Now then. You asked me what would happen if I turned the machine off and then turned it on again. I will do so now.”

Hanson pressed the button and the light went off.

“There,” Hanson said. “I’ve pressed the on/off switch, turning the machine off. Now then, I’m going to turn it back on again.”

Hanson pressed the button again.

The light began blinking.

There was a murmur in the courtroom. Some of the jurors looked at each other. They were clearly impressed.

“Now then,” Officer Hanson said. “You also asked what would happen if the answering machine was unplugged.”